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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of September 23, 2011 No. 431

About some measures for enhancement of the relations in the field of withdrawal, provision and use of the parcels of land

(as amended on 12-05-2020)

For the purpose of enhancement of regulation of the relations in the field of protection and use of lands:

1. Determine that:

1.1. citizens of the Republic of Belarus have the right to acquire at non-state legal entities of the Republic of Belarus the parcels of land which are at them on the right of private property for construction and (or) servicing of the apartment house or servicing by the registered organization for state registration of real estate, the rights to it and transactions with it (further - the organization for state registration) the apartment in the blocked apartment house separated other apartments by vertical wall and located directly on the parcel of land (further - the apartment in the blocked apartment house), and non-state legal entities of the Republic of Belarus - at the citizens who are owners of the parcels of land provided for the called purposes on condition of preserving purpose of the parcels of land according to the legislation on protection and use of the lands, except as specified, established by legal acts;

1.2. land users of the parcels of land provided for construction and (or) servicing of the apartment house, servicing by the registered organization for state registration of the apartment in the blocked apartment house, maintaining personal subsidiary farm have the right based on the decision Minsk city, city (the cities of regional, district subordination), district, rural, settlement executive committees according to their competence on withdrawal and provision of the parcels of land along with use of the specified parcels of land to use them for the established purpose with compliance with law about architectural, town-planning and construction activities without change of their purpose and without implementation of reconstruction of the one-apartment, blocked apartment houses and apartments in their structure, non-residential constructions in the house adjoining territory for craft activity, activities for rendering services in the field of agroecotourism, business activity. Placement on the specified parcels of land of industrial productions, and also the objects prohibited by town-planning regulations, nature protection requirements, fire protection, sanitary, construction and other regulations and rules to placement in residential buildings is not allowed. At the same time the land tax (rent) for the parcel of land is calculated proceeding from the cadastral cost of the parcel of land by the form of functional use of each of its parts;

1.3. non-state legal entities of the Republic of Belarus have the right to acquire in private property the parcels of land provided before entry into force of this Decree on the right of permanent use or lease for servicing of the capital structures (buildings, constructions) belonging to them on the property right at the price equal to 70 percent from the cadastral cost of these parcels of land operating for date of filing of application less documentary confirmed cost of the actual costs incured by these persons on the device of the engineering communications located in borders of the parcel of land counted proceeding from the official rate of the Belarusian ruble to US dollar established by National Bank for date of filing of application;

1.4. transfer to pledge of capital structure (the building, construction), the incomplete preserved capital structure located on the leased parcel of land, citizens, individual entrepreneurs and legal entities can be performed irrespective of introduction of payment for right to contract of lease of the parcel of land;

1.5. citizens, individual entrepreneurs and legal entities in two-month time from the date of approval of the acceptance act in operation of construction object or signing of the act of preservation if other is not established by legal acts, shall address to the organization for state registration behind state registration concerning the built capital structure (the building, construction), the non-residential isolated premise or the incomplete preserved capital structure.

2. Make changes and additions to the following presidential decrees of the Republic of Belarus:

2.1. in item 4 of the Presidential decree of the Republic of Belarus of March 19, 2007 No. 130 "About some questions of regulation of land relations" (2007, No. 70, 1/8422) of the word to "The state committee on property" shall be replaced with words the national register of legal acts of the Republic of Belarus to "Regional executive committees and the Minsk Gorispolkom";

2.2. in the Presidential decree of the Republic of Belarus of December 27, 2007 No. 667 "About withdrawal and provision of the parcels of land" (The national register of legal acts of the Republic of Belarus, 2008, No. 6, 1/9264; 2009, No. 41, 1/10450; No. 119, 1/10688; No. 201, 1/10937; No. 302, 1/11207; 1/11209; 2011, No. 61, 1/12567):

in Item 1:

in subitem 1.2:

in part one:

to add paragraph two after the words "from lands" with the words "in borders";

third to state the paragraph in the following edition:

"district executive committees - from lands in borders of areas for servicing of capital structures (buildings, constructions), the incomplete preserved capital structures, for construction and (or) servicing of objects of roadside service, for the purposes connected with maintaining forest, agricultural, subsidiary agricultural industry, traditional national crafts (crafts), collective gardening, country construction, peat production, from lands in borders of the cities which are the administrative centers of areas, rural settlements, settlements of city type, country cooperatives, gardening partnerships, except for lands on which decision is made Minsk city, city (the cities of regional, district subordination), rural, settlement executive committees, and also from lands of inventory;";

the fourth after words "regional" and "from lands" to add the paragraph respectively with words ", district" and "in borders";

the fifth after the word "regional" to add the paragraph with the word", district";

the second after the word "regional" to add part with the word", district";

add Item with subitem 1.5 of the following content:

"1.5. if withdrawal and provision of the parcel of land are respectively within the competence of different state bodies (local executive committees, administrations of free economic zones), that decision on withdrawal and provision of this site can be accepted by local executive committee (administration of the free economic zone) within which competence provision of the parcel of land, except for withdrawals and provisions of the parcels of land according to Item 2 of this Decree is.";

in Item 2 part one:

the paragraph one after the word Views to add with the words "in case of their withdrawal and provision";

add part with subitem 2.21 of the following content:

"2.21. for production of popular minerals, including peat, and also for use of geothermal resources of subsoil and drying of lignin;";

in Item 3:

in word part one of "right to contract of lease of the parcel of land necessary for servicing of this property" shall be replaced with words "in private property of the parcel of land necessary for servicing of this property, or sale of right to contract of lease of such parcel of land";

in part two:

shall be replaced with words the words "in lease without holding the auction" "without holding the auction in private property at its cadastral cost or in lease";

the second offer to exclude;

add Item with parts three and the fourth the following content:

"The parcels of land are provided from state-owned property in private property at their cadastral cost operating for date of filing of application of the interested person about provision to it the parcel of land in private property proceeding from the official US dollar exchange rate to Belarusian ruble established by National Bank for date of submission of such statement if other is not established by the President of the Republic of Belarus.

The payment for right to contract of lease of the parcel of land is determined according to the procedure, established by Council of Ministers of the Republic of Belarus, based on the cadastral cost of the parcel of land operating for date of filing of application of the interested person about provision to it the parcel of land in lease proceeding from the official US dollar exchange rate to Belarusian ruble established by National Bank for date of submission of such statement.";

in Item 5:

third to add the paragraph with the words "or in private property to non-state legal entities of the Republic of Belarus";

to exclude from the paragraph of the fourth word "in the cases provided by legal acts";

add Item with part two of the following content:

"In the settlements located in residential suburbs of Minsk, the regional centers and the cities of regional subordination, local executive committees shall offer for auctions at least 30 percent of the free (unoccupied) parcels of land included in lists which can be provided for construction and servicing of the one-apartment, blocked apartment houses.";

in Item 6:

in part one:

in paragraph three the word of "rural" shall be replaced with words "agricultural industry, including peasant farm, and also for maintaining";

the fifth after the words "maintaining enters" to add the paragraph with the word "forest";

to add the paragraph of the sixth after the word "constructions" with the words "and (or) servicing";

to state the paragraph of the seventh in the following edition:

"to legal entities and individual entrepreneurs - for construction and (or) servicing of objects of transport and engineering infrastructure * and objects of roadside service;";

in paragraph eight of the word "Republic of Belarus" to exclude;

the ninth after words of "subsidiary farm" to add the paragraph with words "(to one of family members)";

to exclude the word of "maintaining" from the paragraph of the tenth;

in paragraph eleven of the word "planned to withdrawal and provision to these persons" shall be replaced with words "the parcel of land on which the decision on the forthcoming withdrawal for the state needs and demolition of the real estate units located on it, except as specified, established by legal acts is made";

the twelfth to state the paragraph in the following edition:

"to citizens, individual entrepreneurs, legal entities - in case of the request for execution of right certifying documents on the parcels of land on which the capital structures (buildings, constructions) registered by the organization for state registration of real estate, the rights to it and transactions with it (further - the organization for state registration) apartments in the blocked apartment houses (are located in case of observance of the conditions established by the legislation) the incomplete preserved capital structures including destroyed from the fire, other natural disasters and as a result of spoil belonging to them (shares in the right to which belong to them) on the property right or other legal cause (there is agreement, the court decree, other document confirming such right or the basis);";

in the paragraph the thirteenth:

after the word of "peat" to add the paragraph with words "construction of facilities, necessary for their conversion and storage,";

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